When the same organization has harmed you and hundreds of others, you may be asked to join a class action lawsuit. With class action lawsuits, there are two ways that you can join. You can file the class action lawsuit and serve as the lead plaintiff, or you can be a class member with the help of an employment law attorney at Olivier & Schreiber, LLP.
Contrary to what most people believe, joining a class action lawsuit is not challenging. Most class actions are opt-out lawsuits. That means you are automatically considered a class member in the lawsuit unless you opt-out of the case.
There are some exceptions, however. One of those exceptions is wage and hour violations.
With these class actions, you will have to opt-in or affirmatively decide to participate in the lawsuit.
Fortunately, it does not cost anything to join a class action. Depending on the arrangement with the class action lawyer, they would only be paid on a contingency fee basis. That means that the lawyer would only receive a payment if they are successful in the lawsuit.
The first step in a class action is to certify each plaintiff as a class. The class action lawyer will file a claim and explain to the judge why a class action would be beneficial.
For the judge to approve class certification, there must be so many cases against the defendant that a class action would make sense. There also needs to be enough similar characteristics between each of the plaintiffs that would make it easier for the claims to be handled in one lawsuit.
Once the class has been certified, the court will notify the members of the class action.
After joining the class action, you will have to wait for the class action to be decided. The courts will determine whether the class action should be resolved through a trial or a settlement.
Most class action lawsuits are reached through a settlement. Once your class action has settled, you must submit a claim to receive your portion of the settlement.
You will receive a notice of your settlement in the mail with instructions on how you can submit your claim. After your claim is filed, all you have to do is wait until a decision is reached.
The length of a class action can vary. It can take a few months to a few years. It can take longer if the defendant tries to appeal the class action. Most settled class actions are typically resolved in two to three years.
At Olivier & Schreiber LLP, our attorneys are dedicated to assisting those impacted by illegal business practices. We can help protect you and other victims of a negligent company from a daunting legal process. Contact us online to schedule your free consultation.
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